National Education Association 



Report of the Commission 



ON 



Administrative Legislation 



Meeting of Department of Superintendence 

Atlantic City, New Jersey 

February, 1 9 1 8 



National Education Association 



, O-vrvN ^rv-s N ^:sS \ '.i ^ to V) '^>-*^ 



Report of the Commission 



ON 



Administrative Legislation 



CHARLES E. CHADSEY 

CHAIRMAN 



1918 

Ipubltdbt b^ tbe Hddoctation 

secretary's office, WASHINGTON, D.C. 






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REPORT OF COMMISSION ON ADMINISTRATIVE LEGISLATION 

A resolution adopted last year at Kansas City recommended that 
"a commission of ten be created, to be known as the Commission on 
Administrative Legislation, to work out details in the form of rules suitable 
for adoption by boards of education, and model laws to be recommended to 
legislatures, and to present these to this department for action at the next 
annual meeting." In the performance of this duty the Commission on 
Administrative Legislation was instructed to give special attention to board 
rules and laws now in operation, and to support its recommendations by 
direct reference to such rules or by-laws. In compliance with these instruc- 
tions the following tentative report is submitted for your consideration. 
The adoption of the resolution recommending the creation of this Com- 
mission resulted from the report of the Committee on Relation between 
Boards of Education and Superintendents, which submitted to the depart- 
ment at its Kansas City meeting a report including certain general principles 
which should be followed in the organization and determination of the 
powers of boards of education, and which should govern the relation between 
boards of education and superintendents. The following statements briefly 
summarize these principles, which were adopted by the Department of 
Superintendence and which governed this Commission in its preparation 
of this report: 

1. A board of education should represent the school district as a whole and not by 
districts or wards. 

2. The board of education should not be a subordinate body to any other branch of 
local government, but should have complete autonomy. 

3. Definite and large responsibilities should be placed upon the executive head of the 
schools — the superintendent — if possible by the general law under which the board of 
education is organized, and where such definite power is not secured by the law itself 
such powers should be specifically delegated to the superintendent by the by-laws adopted 
by the board of education for the organization and conduct of the school system. Such 
laws or by-laws ought to provide for the superintendent the right of initiative in such 
matters as the nomination and discharge of subordinates, the courses of study and the 
selection of textbooks, and a determining voice in matters of building and equipment and 
in the preparation of the budget to be submitted to the board of education for its 
consideration. 

In the consideration of the question as to the material to be presented 
to the department in this report, it was determined to follow, as far as 
possible, the exact suggestions of the resolution establishing the Commission, 
and to submit to the department certain by-laws which seem to carry out 
to a very great extent the principles already approved by the department. 
The members of the Commission were asked to study the rules and by-laws 
of boards of education with which they were familiar, and to endeavor to 
determine whether fundamental by-laws needed to differ materially in 
their form and content when designed for large city school districts or for 

3 



4 NATIONAL EDUCATION ASSOCIATION [Atlantic City 

small units. Some study of these principles and a study of certain typical 
by-laws seem to indicate that there is no occasion for any such distinction. 

It is true that in many of the larger school districts it is necessary that 
a department of business be establisht with administrative officers and the 
other paraphernalia of a business organization, but the fundamental 
principles governing this organization are the same even when the amount 
of this special business is not so great as to prevent the superintendent him- 
self from directly administering it. In both small towns and large cities 
the relation of the board of education to the superintendent should be the 
same. The same general powers and the same privilege of initiative should 
exist in both cases. 

Nor need there be any special difference in the organization of the board 
of education itself. The abolition of permanent committees and sub- 
committees of the board of education is equally desirable in large school 
units and in small school systems. Nor is there any occasion for changed 
methods in the technical operations of the board of education and its 
business department. 

The following by-laws and rules of certain typical cities are submitted 
as embodying the approved principles of organization. It is easy to see 
that a large school system needs to have provision in its by-laws for the 
appointment of assistant superintendents, various supervisors, business 
manager, or assistant superintendents in charge of the business, subordinate 
in either case to the superintendent, special ofl&cials, such as chief engineer, 
supervising architects, etc., which might not be necessary at all in the 
by-laws of a small system. With these necessary modifications and other 
modifications in phraseology which may be necessary to comply technically 
with general or special school laws governing the organization of boards of 
education in various communities, it is believed that these typical by-laws 
and rules may be safely used as models for school systems whose rules need 
revision. It should be understood that this Commission is not submitting 
the entire rules or by-laws of these boards of education, but only such 
articles as have direct bearing upon the question of organization. Your 
Commission feels that a study of these by-laws indicates that widely dif- 
ferent communities are at the present time operating under rules essentially 
the same, and is therefore encouraged in its belief that there need be little 
fundamental difference in such by-laws, and that, in many cases, cities now 
operating under the cumbersome plan of highly organized committee 
government with the necessarily sharp limitation of the powers and initia- 
tive of the superintendent may be placed under a simpler and more direct 
administration. The fact that this tendency toward simplification is in 
such absolute harmony with general tendencies in governmental procedure 
encourages us in our belief that in the immediate future many cites may 
improve their school organization thru a study of the principles herewith 
enumerated and the particular rules herewith submitted. 



Superintendence] REPORT ON ADMINISTRATIVE LEGISLATION 5 

MINNEAPOLIS, MINNESOTA 

BY-LAWS OF THE BOARD 

I. ORGANIZATION 

1 . The meeting of the board for organization shall be held on the first Monday after 
January i of each year succeeding the biennial election of directors. It shall be called to 
order by the secretary, or in his absence by a senior member of the board, and a president 
and secretary pro tempore shall be chosen. The board shall then elect a president and a 
secretary for the ensuing two years. 

2. The regular meetings of the board shall be held at its office on the second and last 
Tuesday of each month at 2 : 00 p.m. 

3. The order of business shall be as follows: 

a) Calling to order 

b) Approval of minutes 

c) Report of superintendent 

d) Report of business superintendent 

e) Report of committees 

/) Petitions and communications 

g) Unfinished business 

h) New business 

i) Claims and accounts 

4. Roberts' Rules of Order shall be the authority unless otherwise provided. 

5. The president shall preside at all meetings of the board, appoint all committees 
not otherwise ordered, and perform such duties as are provided by law. In the absence 
of the president from any meeting, a president pro tempore shall be elected. 

6. The secretary shall audit all claims, approve all bills, and perform such duties 
as are provided by law. 

7. At the first regular meeting in February, or at any regular meeting when there is a 
vacancy in the superintendency, the board shall elect a superintendent of schools for a 
three-year term, which shall begin on August first, following the election, or on such other 
date as may be determined by the board. 

8. The board shall employ an assistant superintendent in charge of business affairs 
and an assistant secretary, who shall be secretary to the superintendent, in accordance 
with the rules of the civil service commission, all of whom shall be and act under the general 
direction of the superintendent. 

9. Special committees of the board, appointed by the president unless otherwise 
ordered, shall investigate and act for the board in such ministerial matters as may be 
assigned to them by the board and in other matters, subject to the approval of the board. 
Such committees shall report to the board in writing in such manner and at such times as 
called upon by the board. 

10. Any by-law of the board may be enacted, amended, repealed, or suspended only 
at a regular meeting of the board and by unanimous vote of the full board membership, 
except that where notice of such proposed action shall have been given in writing at the 
regular meeting last preceding, such enactment, amendment, repeal or suspension may be 
made by the affirmative vote of five (5) members of the board. 

II. SUPERINTENDENT 

The superintendent is the executive officer of the board for the management of the 
schools. 

He shall: 

I. Attend the regular and special meetings of the board, and shall cooperate and 
advise with all committees of the board. 



6 NATIONAL EDUCATION ASSOCIATION [Atlantic City 

2. Prepare and submit to the board by-laws, rules, and regulations for the proper 
conduct and guidance of the board and the management of the schools. 

3. Arrange and change the boundaries of the school districts, subject to the approval 
of the board. 

4. Investigate the need of, and recommend to the board, provision for school facilities 
in the various districts. 

5. When called upon, give written opinions to the board or its committees of all 
matters to be acted upon, and make written monthly reports of the general condition of 
the schools, with such recommendations for their improvement as require action of the 
board; at the second regular meeting in July he shall submit an annual report. 

6. Recommend to the board from time to time administrative officers, principals 
supervisors, and teachers, and, in accordance with the rules of the Civil Service Commission 
where appHcable, physicians, nurses, stenographers, clerks, and other employes as there 
is need for employment during the year; and on or before the last board meeting in March 
each year recommend principals for reappointment, and on or before the last board 
meetihg in April of each year recommend teachers for reappointment, with salaries in 
accordance with the salary schedules. 

7. When called upon by the board, cause to meet in conference with the board any 
person whom he may wish to recommend for appointment; and submit for approval of the 
board proposed transfers from one type of position to another. 

8. Recommend to the board for approval courses of study and important changes in 
courses of study and all textbooks to be used in the schools. 

9. Prepare in conference with the assistant superintendent in charge of business 
affairs an annual budget, showing by departments appropriations necessary to meet the 
estimated needs of the ensuing school year, and submit the same to the board for approval 
on or before the first regular meeting in May each year. 

10. Immediately after the school tax has been allowed by the tax levy board and the 
same has been levied by the board, prepare and submit a detailed budget of estimated 
expenditures for each department of the school system during the then current fiscal year. 

11. Within the limits of the detailed budget of estimated expenditures for the year, 
duly approved by the board, have power to approve and direct all purchases and expendi- 
tures, making to the board at any time such report of expenditures, in addition to the 
monthly report of the auditor, as the board may request. 

12. Recommend to the board transfers from one budget to another as conditions may 
require. 

13. In the interest of efficient administration have power to decide all matters of 
detail purely ministerial and administrative in character that may arise concerning which 
no specific provision is made in these by-laws, rules, and regulations. All decisions of the 
superintendent as herein authorized, must be reported by him to the board not later than 
the first regular meeting of the board following such decisions. 

III. THE ASSISTANT SUPERINTENDENT IN CHARGE 
OF BUSINESS AFFAIRS 

The assistant superintendent in charge of business affairs is responsible for the 
construction, operation, and maintenance of buildings and equipment, maintenance of 
grounds, accounting and auditing, purchase, storage and distribution of stores, insuring 
school property, supervision of all building by contract, safe-keeping of documents and 
records, and shall: 

1. Give bond for the faithful performance of his duties. 

2. When required, attend meetings of the board and advise and cooperate with the 
board's committees. 

3. Represent the board under its direction in negotiations relating to the construction, 
repair, and maintenance of school property. 



Superintendence] REPORT ON ADMINISTRATIVE LEGISLATION 7 

4. Purchase, receipt for, store, and distribute books, supplies, and materials as author- 
ized by the board and as directed by the superintendent. 

5. Recommend to the board thru the superintendent from time to time such assist- 
ants, stenographers, clerks, engineers, janitors, foremen, and mechanics as shall be needed 
for continuous employment in the business department; and have authority, with the 
approval of the superintendent, to employ for brief periods such workmen as are necessary 
for the execution of the work of this department, and to discharge the same, provided that 
all employment herein specified shall be made in accordance with the rules of the Civil 
Service Commission. 

6. Make to the board thru the superintendent written monthly report of the general 
condition of the buildings and other property of the board as to repairs^ construction, and 
improvement, including such requests of principals as require action of the board, with 
recommendations thereon. 

7. Supervise all matters of repair and have general charge of all buildings belonging 
to the board. 

8. Make and keep accurate and reliable real- and personal-property irecords which shall 
give the cost, time of purchase or acquisition, present value, and the location of the property. 

9. Cause the property of the board to be insured in such amounts as the board may 
from time to time direct, and keep a record of insurance placed on school property. 

10. Examine contracts and other papers in which the board is a party. 

11. Receive tuition fees, money from the sale of books or other school property, the 
use of buildings or other sources, except such as are paid to the city treasurer according to 
law, and deposit all moneys collected by him with the city treasurer. 

12. Audit all claims, approve all bills, and submit the same to the secretary of the 
board for his audit and approval. 

13. Audit and control all cash collections received by agents of the board and deter- 
mine the kind and form of reports to be required of such collecting agents. 

14. Keep the revenue and expense, asset and liability accounts, bugdet-allotment 
ledger, registers of purchase orders, vouchers and warrants, expenditure distribution 
record by schools, civil service and pay-roll rosters, registers of leases, rents, personal 
bonds, and building construction contracts. 

15. Draw all warrants in payment of claims against the board. 

16. Submit to the board a monthly report of receipts, disbursements, and budget 
balances at the first meeting each month, and an annual report at the second regular 
meeting in July each year. 

17. Act as custodian of all contracts, securities, documents, title papers, books of 
record, and other papers belonging to the board. 

18. Perform such other duties as may be assigned by the board or the superintendent. 

IV. THE ASSISTANT SECRETARY OF THE BOARD AND 
SECRETARY TO THE SUPERINTENDENT 

The assistant secretary of the board, who shall be the secretary to the superintendent, 
shall : 

1. Have immediate charge of stenographers, clerks, and other employes in the 
educational department of the administrative offices. 

2. Keep the minutes of the meetings of the board and a calendar of all matters referred 
to committees and others, and report action or non-action on the same at each regular 
meeting. 

3. Within three days after the meeting send a copy of the minutes of every meeting 
to every member of the board. 

4. Forty-eight hours before each regular meeting send to every member of the board 
and to the superintendent written notice of the meeting, with calendar of all matters to 



8 iV^ TIONA L EDUCA TION ASSOCIA TION [Atlantic City 

be brought before the meeting so far as these are known at the time of sending the 
notice. 

5. Receive and reply to all communications to the board according to directions of 
the board. 

6. Perform such other duties as may be directed by the board, the secretary of the 
board, or the superintendent. 

RULES FOR THE USE OF THE BOARD OF EDUCATION IN THE 

GOVERNMENT OF THE CITY SCHOOLS, HURON, 

SOUTH DAKOTA 

1 . The meeting of the board of education for organization will be held the last Friday 
of May of each year. It shall be called to order by the clerk. The board shall then elect 
a president, a vice-president, and a clerk for the ensuing year. 

2. The regular meetings of the board shall be held at the office of the superintendent 
on the last Friday of each month. 

3. The order of business shall be as follows: 

a) Reading and approval of minutes 
h) Claims and accounts 

c) Communications 

d) Reports and recommendations of the superintendent 

e) Unfinisht business 
/) New business 

g) Reports of special committees 

4. Robert's Rules of Order shall be used in conducting the business of the board. 

5. The president shall preside at all meetings of the board, appoint all special com- 
mittees not otherwise ordered, and perform such other duties as are provided by law. 
In the absence of the president from any meeting, the vice-president shall preside. 

6. Special committees of the board, appointed by the president, unless otherwise 
ordered, shall investigate and act for the board in such ministerial matters as may be 
assigned; but no standing committees shall be appointed. If so ordered, such special 
committees shall report to the board in writing in such manner and at such times as ordered 
by the board. 

7. At the regular meeting in January, or at any regular meeting when there is a 
vacancy in the superintendency, the board shall elect a superintendent of schools for a 
three-year term, which shall begin on August first, following the election, or on such other 
date as may be determined by the board. 

8. At any regular meeting of the board any rule or regulation governing the schools 
may be enacted, amended, or repealed by a majority vote of the full board membership, 
provided that notice of such action shall have been given at the last regular meeting 
preceding. 

9. The superintendent is the executive officer of the board of education for the man- 
agement of the schools. 

10. He shall attend the regular and special meetings of the board and shall be a 
member of, and advise with, all special committees of the board. 

11. He shall prepare and submit to the board rules and regulations for the manage- 
ment of the schools. 

12. He shall investigate the need of, and recommend to the board, provision for 
school facilities in the school system. 

13. He shall, when called upon, give written opinions to the board or its special 
committees of all matters to be acted upon, and make written reports of the general 
condition of the schools, with such recommendations for their improvement as require 
action of the board. At the regular meeting in July he shall submit an annual report. 



Superintendence! REPORT ON ADMINISTRATIVE LEGISLATION g 

14. He shall recommend to the board, from time to time, principals, supervisors, 
and teachers, and the other employes of the school system as there is need for such employ- 
ment during the year, and the board shall elect no school employe not recommended by 
the superintendent. On or before the last Friday of March each year the superintendent 
shall submit the names of persons recommended to be appointed or reappointed for the 
ensuing year. 

15. He shall recommend to the board for approval important changes in courses of 
study and textbooks to be used by the schools. 

16. He shall have power to suspend any pupil from the schools whenever in his 
judgment the best interests of the school demand such action, such suspension to be 
reported to the board at its next regular meeting. 

17. He shall prepare an annual budget showing by departments appropriations 
necessary to meet the estimated needs of the ensuing school year, and submit the same to 
the board for approval on or before the regular meeting in June each year. 

18. He shall within the limits of the detailed annual budget for the year, duly 
approved by the board, have power to direct expenditures and purchases, the board 
auditing all bills and accounts at each regular meeting, and at the close of each semester 
in January and June checking all expenditures in terms of the annual budget. 

19. He shall recommend to the board transfers from one budget item to another as 
conditions may require. 

20. In the interest of efficient administration he shall have power to decide all matters 
of detail purely ministerial and administrative in character that may arise, concerning 
which no specific provision is made in these rules and regulations. All important decisions 
of the superintendent as herein authorized must be reported by him to the board not later 
than the first regular meeting of the board following such decisions. 

BY-LAWS OF THE BOARD OF EDUCATION OF THE 
CITY OF DETROIT 

I. ORGANIZATION 

1. The annual meeting of the board shall be held at twelve noon on the first day of 
July of each year, except when said day shall be Sunday, in which case it shall be held on 
the day following. At this meeting a president and president pro tern shall be elected for 
the ensuing year and, unless their term of office shall expire at the end of the year, until 
their successors are elected and have qualified. This meeting shall be otherwise a regular 
meeting of the board. 

2. The officers of the board shall be a president and a president pro tern. The 
election of these officers shall be by a viva voce vote in each case. The majority of the 
members of the board present shall be necessary in such case to elect. 

3. The president shall have the usual powers and he shall be charged with the ordinary 
duties pertaining to that office. He shall appoint all special committees, unless otherwise 
ordered, and call meetings of the board when he shall deem it necessary. 

4. The president pro tern shall have the powers and perform the duties of the 
president in case of the absence from the city, sickness, disability, or death of that 
officer. 

5. Regular meetings of the board shall be held on the second and fourth Thursdays 
of each month, at 8:00 o'clock p.m., excepting that the first regular meeting of July in 
each year shall be held on the day prescribed by Rule i . 

6. Special meetings may be called by the president, or by not less than three members, 
but no business shall be transacted except that for which the meeting was called, and which 
shall be stated in the call. Notice shall be sent by mail or messenger at least twenty-four 
hours before the hour of meeting. 



I o NA TIONA L ED UCA TION A SSOCIA TION [Atlantic City 

7. On or before the first day of May in each year the board shall appoint suitable 
persons to take the school census as prescribed by law, at a compensation to be fixt by 
the board, and approve the bills, if correct, for doing this work. 

8. The board shall appoint the following oiScers: superintendent of schools, business 
manager, secretary, architect (when needed), engineer (when needed), and such other 
officers as may be required from time to time. 

9. Order of business: 

First — Reading of minutes of the last meeting or meetings 
Second — Communications from the superintendent 
Third — Reports of special committees 
Fourth — Unfinisht business 
Fifth — New business 

10. The rules of parliamentary practice comprised in Roberts' Rules of Order shall 
govern the board in all cases not otherwise herein provided. 

II. SUPERINTENDENT 

The superintendent of schools shall be the executive officer of the board of education, 
and under its direction he shall attend all meetings of the board and be granted the 
privilege of taking part in its deliberations. 

1 . He shall establish and change the boundaries of school districts. 

2. He alone shall be directly responsible to the board of education for the efficient 
operation of all school functions of the board of education. 

3. He shall have sole power to nominate and to assign, transfer, promote, and demote 
or suspend all assistant superintendents, supervisors, principals, teachers, and other 
employes of the board of education as hereinafter provided. All nominations, promotions, 
demotions, suspensions, assignments, and transfers of employes of the board of education 
which shall be made by the superintendent shall be reported in writing to the board at 
its next regular meeting and shall stand confirmed unless disapproved by the board by a 
vote of not less than four members of the board. He shall have immediate control of all 
assistant superintendents, supervisors, principals, and teachers. All directions and 
suggestions to them with reference to the performance of their respective duties shall 
come thru him. 

4. He shall prepare and submit to the board for approval the several courses of study 
to be followed, and shall select and recommend to the board for adoption all textbooks 
used in the schools. In the preparation of such courses and the selection of such text- 
books he shall have the cooperation of other officers of instruction and of such special 
committees of teachers, principals, and supervisors as he may from time to time appoint 
for such specific purposes. 

5. He shall, on or before the first meeting of January, submit to the board of education 
an estimate of expenditure for all purposes of the board of education for the ensuing year. 

III. BUSINESS MANAGER 

The business manager shall be the secretary of the board and shall be directly respon- 
sible to, and under the direction of, the superintendent of schools for the efficient adminis- 
tration of the construction, maintenance, and operation of buildings, purchase, storage, 
and distribution of supplies, accounting and auditing, and insuring of school property. 

1. He shall furnish bond to the amount of $10,000, cost to be assumed by the board 
of education. 

2. He shall maintain an accounting procedure adequate to record in detail all trans- 
actions affecting the acquisition, custodianship, and disposition of values, including cash 
receipts and disbursements. 

3. He shall submit, thru the superintendent at the first regular monthly meeting of 
the board a statement showing the status of each appropriation item and such other 



Superintendence] REPORT ON ADMINISTRATIVE LEGISLATION II 

statements as may from time to time be deemed advisable to show the financial condition 
of the board. 

4. He shall prepare an inventory of the property of the board as of June 30 of each 
year, and submit the same thru the superintendent to the board not later than August i of 
each year. 

5. He shall recommend, thru the superintendent, to the board, the employment and 
dismissal of all subordinates under his jurisdiction. 

6. He shall purchase all supplies and materials approved for purchase by the board, 
and shall store and distribute the same. 

7. He shall have general control of all persons employed in the department of the 
business manager and shall be responsible for the operation of all buildings. 

8. He shall have general supervision of all the repairs to buildings authorized by the 
board, and of the maintenance of the land and buildings of the board. 

9. He shall be responsible for the construction and alteration of buildings in accord- 
ance with the plans and specifications approved by the board. 

10. He shall be the custodian of all property, real or personal, owned or borrowed by 
the board. 

IV. SUPERVISOR 

The supervisor shall inspect construction of new buildings and additions to buildings 
and extensive repairs upon buildings; shall keep watch of expenditures in such construction 
and repair work, and shall perform such other duties as may be assigned him by the 
business manager. 

V. CHIEF ENGINEER 

The chief engineer shall be directly responsible to the business manager of this board 
for the maintenance and operation of the" heating and ventilating plants in the various 
schools, and for the cleaning of the various buildings by the janitor force, and for general 
repairs and supervision of school property, and shall be responsible for the requisitions 
and specifications of materials involved in said maintenance and general repairs. 

The chief engineer shall be charged with the responsibility for economy and efficiency 
in his department and to that end shall have the authority to hire or discharge any employe 
in his department. 

VI. ASSISTANT" SECRETARY OF THE BOARD 

The business manager shall designate from his official staff, subject to the approval 
of the board, some person as assistant secretary of the board, who shall keep the minutes 
of the meetings of the board and a calendar of all minutes referred to the special committees 
and others, and report action or non-action on same at each regular meeting. Forty-eight 
hours before each meeting he shall send each member of the board and superintendent a 
written notice of the meeting with calendar of all minutes to be brought before the meeting, 
so far as these are known at the time of sending the notice; receive and reply to all com- 
munications of the board according to the directions of the board. 

The assistant secretary shall, in case of the absence, sickness, disability, or death of 

the secretary, perform the duties of the secretary until a new business manager is elected 

by the board. 

VII. TREASURER 

The treasurer of the city of Detroit shall be the treasurer of the board of education 
(Act No. 132, Laws of 1903). 

VIII. LIBRARY COMMISSIONERS 
A member of the board of commissioners of the Public Library shall be elected by a 
viva voce vote at the first regular meeting in December of each year. Elections to fill 
vacancies in the board of commissioners of the Public Library shall be by viva voce vote. 



1 2 NA TIONA L EDUCA TION A SSOCIA TION [Atlantic City 

IX. EXPENDITURES 

1. a) All purchases of furniture and supplies and of all material needed in making 
repairs and in doing any work shall be made by the business manager, under direction of 
the superintendent. All purchases exceeding $ioo in amount shall be made from the 
lowest responsible bidder, unless the board otherwise directs. Purchases shall be made 
upon numbered orders, and when bills are rendered for such goods, said bills shall give the 
number of the order upon which goods were supplied. 

b) In case of urgent necessity the business manager shall be authorized to incur a 
liability not exceeding two hundred dollars. 

2. a) Pay-rolls for salaries, estimates of contractors, and bills for payment of all 
purchases must in all cases be properly certified and attached to a voucher on which shall 
be entered the name, date, amount, etc. When so certified and audited, the voucher shall 
be presented to the board, and if the board shall approve and order payment of same, such 
action, with the date thereof, shall be indorsed thereon by the business manager. No bills 
shall be paid unless so audited and approved. 

b) All teachers, engineers, janitors, workmen, and other employes drawing money 
from the board of education, and all claims duly approved as provided by law shall be 
paid by the city treasurer after being certified by the city controller. 

3. Salaries of all positions shall be named at the time or before the nomination or 
appointment. The pay or workmen shall be fixt by the business manager, at the time of 
employment, and be at a rate per day. 

X. FUNDS 

The funds of the board, which shall be kept under separate accounts in conformity 
with the appropriations allowed by the common council and board of estimates, shall 
consist of the following: 

1. Building Fund — To which shall belong all moneys levied and collected, and which 
are to be expended for land, buildings, and permanent improvements, as provided in 
Section 14 of the Amended School Act. 

2. Maintenance Fund — To which shall belong all moneys collected for the payment 
of salaries of janitors, ofiicers, and clerks, for the payment of repairs, both general and 
special, and all other moneys collected, not specifically provided for. 

3. Teachers' Salary Fund — To which shall belong all moneys appropriated and col- 
lected for the payment of salaries of teachers. 

4. The Contingent Fund is a sum not exceeding two hundred and fifty dollars (belong- 
ing to the Maintenance Fund), placed in the custody of the business manager, who shall 
be accountable for the same. 

From the Contingent Fund the business manager is authorized to advance or pay 
incidental or petty expenses, also items of urgently needed supplies, subject to the approval 
of the proper committees, and reimbursement thru the action of the board. 

XI. SCHOOL CENSUS 

The school census of the city must be taken according to law, within twenty days 
next preceding the first day in June of each year, and the same, with the affidavit of its 
correctness, to be made by the person or persons taking it, shall be filed with the business 
manager on or before the last-named day. Said school census shall show the number of 
children between five and (under) twenty years of age, and the number between fourteen 
and eighteen, and such other information as may be called for. 

XII. REMOVALS 

Any oflScer of this board, whether elected or appointed, may be removed for cause by 
a vote of two-thirds of the members-elect, under such form of procedure as a majority of 
the board may direct for the particular occasion. 



Superintendence] REPORT ON ADMINISTRATIVE LEGISLATION 13 

XIII. AMENDMENTS 

These rules may be amended at any regular meeting by a vote of not less than four 
members of the board, said amendment having been proposed at a previous meeting. 

XIV. RULES MAY BE SUSPENDED 

The by-laws and rules of the board of education may be suspended at any regular 
meeting of the board by a two-thirds vote of the members present. 

BY-LAWS OF THE BOARD OF DIRECTORS, SCHOOL DISTRICT 
NUMBER ONE, CITY AND COUNTY OF DENVER 

ARTICLE I 

Section i. The twentieth amendment of the constitution of the state of Colorado, 
adopted November, 1902, and declared effective by the governor, December i, 1902, 
declares this district to be a body corporate, by the name and style of "School District 
Number One in the City and County of Denver, and State of Colorado." 

Section 2. The regular election for filling vacancies in the board of directors shall 
be held biennially, according to law, on the first Monday in May. 

Section 3. The board of directors shall consist of five (5) members, elected in 
accordance with law, for a term of six (6) years each. 

Section 4. The certificate of election or appointment of members of the board of 
directors and oaths of office shall be kept on record with the secretary, and on file with the 
county superintendent. The oath of office shall be made before a notary public within 
ten (10) days after election. 

Section 5. At the first meeting of the board of directors after the annual election, 
the board shall proceed to organize by the electing of a president, who shall be a member 
of the board, a secretary, and a treasurer. The terms of office of these officers shall be 
two (2) years. 

Section 6. At the first regular meeting in January, or at any regular meeting when 
there is a vacancy in the superintendency, the board shall elect a superintendent of 
schools for the term of three (3) years, which shall begin July first, following the election, 
or on such other date as may be determined by the board. 

Section 7. At the January meeting, the board of directors shall employ an assistant 
superintendent in charge of business affairs for a term of two (2) years, who shall be and 
act under the general direction of the superintendent of schools, and at this meeting the 
board shall also employ an attorney for the district for a term of two (2) years. 

ARTICLE II 

Section i. The president, when present, shall preside at all meetings of the board 
and the district. He shall sign all contracts, bonds, and orders for the payment of 
money. He shall appoint all committees, unless otherwise ordered. The president shall 
also be custodian of the official bond of the secretary, which shall be recorded in the records 
of the corporation, and kept by him in a box in a safe deposit company. He shall exercise 
such other powers as properly appertain to his office, or which may be conferred upon him 
by the board. 

Section. 2. The secretary shall have charge of all records of the board of directors 
and of the district. He shall be custodian, and shall keep in a fireproof vault, or other 
safe place, all contracts, securities, documents, title papers, books of record, insurance 
policies, receipts, bills, canceled bonds, coupons, and warrants, and, with the exception 
of his own bond, other papers belonging to the school district. 

Section 3. The secretary shall have charge of the accounting and bookkeeping 
department of the board of directors, and of the bookkeepers, stenographers, clerks, and 
other employes in this department, and, with the approval of the superintendent of schools 



14 NATIONAL EDUCATION ASSOCIATION [Atlantic City 

he shall recommend to the board, from time to time, such employes as shall be needed for 
the execution of his work. 

Section 4. The secretary shall keep the minutes of the meetings of the board of 
directors and a calendar of all matters referred to committees and others, and report 
action, or non-action, on the same at each regular meeting. 

Section 5. The secretary shall send written notices of both special and regular 
meetings, as provided by these by-laws, and he shall, within three (3) days after each 
meeting, send a copy of the minutes of each meeting to each member of the board of 
directors, to the attorney, to the superintendent of schools, and to the assistant super- 
intendent in charge of business affairs. He shall receive and reply to all communications 
to the board, according to the direction of the board. 

Section 6. The secretary shall cause the property of the board to be insured in such 
amounts and with such agents as the board may, from time to time, direct, and he shall 
keep a record of the insurance on all school property. 

Section 7. The secretary shall prepare the pay-roll upon information given him by 
the superintendent and his assistants. 

Section 8. The secretary shall audit all bills and claims against the district. He 
shall also draw all warrants in payment of claims against the district. 

Section g. The secretary shall audit all cash collections received by the agents of 
the board and, with the approval of the superintendent of schools, shall determine the 
kind and form of reports to be required of such collecting agents. He shall receive all 
moneys collected from tuition, fines, sale of textbooks, sale of school property, lunchroom 
sales, supplies, use of school property, etc., and he shall deliver the same to the treasurer 
of the district at least once a month. 

Section 10. The secretary shall submit to the board of directors and superintendent 
a monthly report of receipts, disbursements, and budget balances at the regular meeting 
of the board, and an annual report at the July meeting each year. 

Section ii. The secretary shall perform all duties imposed upon him by law, and 
such other duties as may be directed by the board of directors. 

Section 12. The treasurer of the district shall receive all moneys accruing from the 
sale of bonds, and shall pay out the same upon warrants signed by the president and 
secretary on account of erection and furnishing of school buildings and the purchase of 
school grounds. He shall countersign all warrants drawn upon the county treasurer. 

Section 13. The treasurer of the district shall keep all necessary accounts pertain- 
ing to the duties of his ofHce, and shall render a semiannual report of all moneys received 
and disburst by him. He shall furnish such bonds as shall be required by the board. 

Section 14. The superintendent of schools shall be the executive officer of the board 
of directors for the management of schools. He shall attend all meetings of the board, 
unless there is urgent reason for his absence, and he shall cooperate and advise with all 
committees of the board. He shall have power to make rules not in conflict with law 
or these by-laws. 

Section 15. The superintendent shall investigate the need of, and recommend to the 
board, provision for school facilities in the various districts. When called upon, he shall 
give opinions to the board or its committees of all matters to be acted upon, and he shall 
make monthly reports of the general condition of the schools, with such recommendations 
as he thinks best for their improvement, and which require the action of the board. 

At the regular meeting in July, he shall submit an annual report. 

Section 16. The superintendent shall recommend to the board, from time to time, 
administrative officers. He shall also recommend attendance officers, principals, super- 
visors, and teachers, in accordance with the rules of the board, physicians, nurses, stenog- 
raphers, clerks and other employes in the educational department, as there is need for 
employes during the year, and before the first day of May, each year, submit the names 
of all persons to be appointed or reappointed for the ensuing year, with salary. 



Superintendence] REPORT ON ADMINISTRATIVE LEGISLATION 15 

Section 17. The superintendent shall assign all teachers to their positions in the 
schools, and shall have power to make such change in the position of any teacher as may 
be necessary for the interest of the school. He shall determine the time and place for 
the examinations of applicants for positions as teachers; and he shall conduct or cause 
to be conducted, examinations of applicants for positions as teachers. 

Section 18. The superintendent shall have power to suspend, temporarily, any 
teacher or other employe working under his direction, pending the action of the board; 
and he shall have power to suspend from the privileges of school any pupil guilty of infrac- 
tion of the rules of the school. Pupils suspended may be reinstated by the superintendent. 

Section 19. The superintendent shall recommend to the board, for approval, 
courses of study and improved courses of study, and all textbooks to be used in the schools. 
He shall prepare, in conference with the assistant superintendent in charge of business 
affairs, an annual budget showing, by departments, appropriations necessary to meet 
estimated needs of the ensuing year, and he shall submit the same to the board for approval 
on or before the first regular meeting in May of each year. He shall, within the limits of 
the detailed budget of estimated expenses for the year, duly approved by the board, have 
power to approve and direct all purchases and expenditures, making to the board at any 
time, in addition to the monthly report, such report of expenditures as the board may 
request. He shall recommend to the board the transfers from one budget to another, as 
conditions may require. 

Section 20. In the interest of efficient administration he shall have power to decide 
all matters of detail, purely ministerial and administrative in character. 

Section 21. The assistant superintendent in charge of business affairs shall have 
charge of the construction, operation, and maintenance of buildings and equipment, the 
maintenance of grounds, the purchase, storage, and distribution of supplies, material, 
and equipment, as authorized and directed by the superintendent of schools. And the 
assistant superintendent in charge of business affairs shall have the supervision of the 
erection of all buildings. He shall make such reports of the general condition of school 
property as may be directed by the superintendent of schools. He shall make an annual 
report to the board and to the superintendent of the general condition of the buildings and 
other property of the district as to repairs, construction, and improvement. He shall super- 
vise all matters of repairs, and have general charge of all buildings belonging to the board. 

Section 22. The assistant superintendent in charge of business affairs shall recom- 
mend to the board thru the superintendent from time to time such assistants, 
stenographers, clerks, engineers, janitors, foremen, and mechanics as shall be needed for 
continuous employment in his department; and he shall have authority, with the approval 
of the superintendent, to employ such workmen or other employes as are necessary for the 
execution of the work in this department, and to discharge the same. He shall attend all 
meetings of the board, unless there is urgent reason for his absence, and he shall give bond 
for such amount for faithful performance of his duties as shall be required by the board. 

Section 23. The attorney shall attend all meetings of the board unless there is 
urgent reason for absence, shall represent the district and such officers and employes of 
the district as the board shall direct in all proceedings at law to which the district, the 
board, or any such employe shall be a party, as such, shall render opinions on the legality 
of titles of property of the district and of contracts entered into by the district, when 
requested so to do. He shall, when requested, advise the board, or any member or employe 
of it, on matters pertaining to the business or conduct of the district or its schools. 

ARTICLE III 

Section i. The regular meetings of the board of directors shall be held on the 
second Wednesday of each calendar month, and on the last Saturday of the months of 
March, June, September, and December at the hour of 8 p.m. All meetings of the board 
shall be held in the offices of the board. 



1 6 NA TIONA L EDUCA TION ASSOCIA TION [Atlantic City 

Section 2. The order of business at all regular meetings shall be as follows: 

1. Roll call 

2. Approval of minutes 

3. Report of superintendent 

4. Report of assistant superintendent in charge of business afifairs 

5. Report of committees 

6. Petitions and communications 

7. Report of secretary 

8. Unfinisht business 

9. New business 

10. Claims and accounts 

Section 3. Special meetings of the board of directors shall be called by the secretary, 
upon the written request of three (3) members of the board. Written notices of every 
meeting, whether special or regular, shall be delivered or mailed to the Denver address of 
each member of the board at least twenty-four (24) hours prior to the time designated for 
such meeting. 

Section 4. The majority of all members shall be necessary to constitute a quorum 
for the transaction of business. 

Section 5. Upon the request of one (i) member, the "ayes" and "nays" shall be 
taken upon any motion before the board of directors. Each member present shall vote 
"aye" or "no" upon all questions, unless excused by the board of directors. 

Section 6. Except as herein otherwise specified, the proceedings of the board shall 
be governed by the rules prescribed in Roberts' Rules of Order. 

Section 7. The board of directors shall have one (i) standing committee, designated 
as the committee of the whole. Preceding each board meeting, when convenient, there 
shall be a meeting of the committee of the whole for the consideration of all matters 
pertaining to school affairs. 

Section 8. Special committees of the board appointed by the president, unless 
otherwise ordered, shall investigate and act for the board in such ministerial matters 
as may be assigned to them by the board, and in other matters subject to the approval 
of the board. Such committees shall report to the board in writing, in such manner and 
at such times as called upon by the board. 

Section 9. At any regular meeting of the board any by-law of the board may be 
enacted or repealed by a majority vote of the full board membership, provided that 
notice of the proposed action shall have been given at the regular meeting last preceding; 
any by-law may be suspended at any meeting by the unanimous vote of the full board 
favoring such suspension. 

Your Commission has given some consideration to the question of a 
model school law, but has not been able to complete its study, and asks 
that it be continued for another year in order that it may give more con- 
sideration to this problem and submit a special report concerning the subject. 

Respectfully submitted 

C. E. Chadsey, Chairman 

J. D. Shoop 

H. S. Weet 

Mary C. C. Bradford 

Calvin N. Kendall 

Frank E. Spaulding 

William M. Davidson 

Ellis U. Graff 

E. C. Moore 

E. A. Easton 



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